Blacks Law Dict. 1st ed

CONSIDERATUM, ETC.

CONSENTIENTES, ETC.

255

ferred, upon the promisor, by any other per son, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a prom ise. Civil Code Cal. § 1605. Any act of the plaintiff from which the defendant or a stranger derives a benefit or advantage, or any labor, detriment, or incon venience sustained by the plaintiff, however small, if such act is performed or inconven ience suffered by the plaintiff by the consent, express or implied, of the defendant. 3 Scott, 250. Considerations are classified and defined as follows: They are either express or implied; the former when they are specifically stated in a deed, contract, or other instrument; the lat ter when inferred or supposed by the law from the acts or situation of the parties. They are either executed or executory; the former oeing acts done or values given be fore or at the time of making the contract; the latter being promises to give or do some thing in future. They are either good or valuable. A good consideration is such as is founded on natural duty and affection, or on a strong moral obli gation. A valuable consideration is founded on money, or something convertible into money, or having a value in money, except marriage, which is a valuable consideration. Code Ga. 1882, § 2741. See Chit. Cont. 7. A continuing consideration is one consist ing in acts or performances which must nec essarily extend over a considerable period of time. Concurrent considerations are those which arise at the same time or where the promises are simultaneous. Equitable or moral considerations are de void of efficacy in point of strict law, but are founded upon a moral duly, and may be made the basis of an express promise. A gratuitous consideration is one which is not founded upon any such loss, injury, or inconvenience to the party to whom it moves as to make it valid in law. Past consideration is an act done before the contract is made, and is really by itself no consideration for a promise. Anson, Cont. 82. CONSIDERATUM EST PER CURI AM. (It is considered by the court.) The formal and ordinary commencement of a iudgment.

dertook to confess not only the fictitious lease, entry, and ouster, but that he was in possession. Consentientes et agentes pari pcana plectentur. They who consent to an act, and they who do it, shall be visited with equal punishment. 5 Coke, 80. Consentire matrimonio non possunt infra [ante] annos nubiles. Parties can not consent to marriage within the years of marriage, [before the age of consent.] 6 Coke, 22. Consequentire non est consequentia. Bac. Max. The consequence of a consequence exists not. CONSEQUENTIAL DAMAGE. Such damage, loss, or injury as does not flow di rectly and immediately from tine act of the party, but only from some of the consequences or results of such act. The term "consequential damage" means some times damage which is so remote as not to be ac tionable ; sometimes damage which, though some what remote, is actionable; or damage which, though actionable, does not follow immediately, in point of time, upon the doing of the act com plained of. 51 N. H. 504. CONSEQUENTS. In Scotch law. Im plied powers or authorities. Things which follow, usually by implication of law. A commission being given to execute any work, every power necessary to carry it on is im plied. 1 Kames, Eq. 242. CONSERVATOR. A guardian; protect or; preserver. "When any person having property shall be found to be incapable of managing his affairs, by the court of probate in the dis trict in which he resides, • * * it shall appoint some person to be his conservator, who, upon giving a probate bond, shall have the charge of the person and estate of such incapable person." Gen. St. Conn. 1875, p. 846, *§ 1. CONSERVATORS OP RIVERS. Commissioners or trustees in whom the con trol of a certain river is vested, in England, by act of parliament. CONSIDERATIO CURLS!. The judg ment of the court. CONSIDERATION. The inducement to a contract. The cause, motive, price, or impelling influence which induces a con tracting party to enter into a contract. The reason or material cause of a contract. Any benefit conferred, or agreed to be con

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